STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE )
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The Department of Safety and Professional Services is petitioning the Joint Committee for Review of Administrative Rules to repeal rules the department has determined to
be an unauthorized rule using the process under s. 227.26 (4), Stats. PROPOSED ORDER
An order of the Department of Safety and Professional Services to repeal SPS 302.35, 305.67, and Ch. 367, and to amend SPS 302.52 (2), relating to rental unit energy efficiency. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to s. 101.19 (1g), 2016 Stats., the Department of Safety and Professional Services was required to establish and collect fees that, as closely as possible, equal the cost of providing certain services. Section 101.19 (1g) (i), 2016 Stats., required the Department to collect fees for the inspection and certifying of rental units under s. 101.122 (4), 2016 Stats., and certify and train inspectors under ss. 101.122 (2) (c) and (d), 2016 Stats. Pursuant to s. 101.122, 2016 Stats., the Department of Safety and Professional Services was required to establish a code of minimum energy efficiency standards for dwelling units. Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Related statute or rule:
Not applicable
Plain language analysis:
The proposed rule repeals sections SPS 302.35, 305.67, and chapter SPS 367, and amends section SPS 302.52 (2), relating to the rental unit energy efficiency program, also known as the rental weatherization program. Section 101.19 (1g) (i), 2016 Stats., required fee schedules for the inspection and certifying of rental units under s. 101.122 (4), 2016 Stats., and the certification and training of inspectors under ss. 101.122 (2) (c) and (d), 2016 Stats. Section 101.122, 2016 Stats., required most rental dwelling units to comply with rental energy efficiency standards before the ownership of the rental unit is transferred. 2017 Wisconsin Act 59 repealed ss. 101.19 (1g) (i) and 101.122, 2016 Stats., which eliminated the rental unit energy efficiency program effective January 1, 2018. The repeal of s. 101.122, 2016 Stats., also eliminates the rental weatherization program under chapter SPS 367 and the Department’s administrative requirements and authority relating to the weatherization code (ss. SPS 302.35, 302.52 (2), and 305.67).
